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Obama CANNOT Supercede the US Constitution with a Treaty!
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Jim Condit Jr.
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Nov 01, 2009 17:31 PST
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November 01, 2009 NA (Network America) e-wire
Obama CANNOT Supercede the Constitution with a
Treaty!
Obama can NOT supercede the Constitution with a
treaty EVEN if he could produce his birth
certificate!
If youve been hearing this over the mass media
and from Lord Monckton it is NOT true.
Guys Gals before I drop this needed
documentation on you that the US Constitution
supercedes treaties please help us mount the
resistance to those who try this scam every 20
years or so by visiting our Precinct Project
ChipIn at the top of www.wagthedog2010.com a
page of explanation of WHY the ChipIn is
here:
http://www.condit2008.com/thanksgiving2009.htm
NOW here is the excellent documentation found
by Dan Thompson of Idahos Rally Right after he
and I discussed this issue. I do NOT endorse
everything Justin Raimondo writes but this
piece is excellent and gives us the documentation
we need to fight the upcoming rash of world
socialist treaties that Barack intends to sign:
The Bricker Amendment
By Justin Raimondo
The problem of international treaties superseding
the U.S. Constitution and undermining the
foundations of our Republic is not a new one. The
conservative movement of the early 1950's, which
looked on the United Nations with extreme
suspicion, was particularly sensitive to this
threat -- and they hit upon a solution: the
Bricker Amendment.
Introduced into the Senate in February, 1952, as
Senate Joint Resolution 130, the "Bricker
Amendment" to the Constitution read as follows:
Section 1. A provision of a treaty which
conflicts with this Constitution shall not be of
any force or effect.
Section 2. A treaty shall become effective as
internal law in the United States only through
legislation which would be valid in the absence
of
treaty.
Section 3. Congress shall have power to
regulate all executive and other agreements with
any foreign power or international organization.
All such agreements shall be subject to the
limitations imposed on treaties by this article.
Section 4. The congress shall have power to
enforce this article by appropriate legislation.
Mobilizing to support Bricker, conservatives
built a grand coalition which included all the
major veterans groups, the Kiwanis Clubs, the
American Association of Small Business, many
women's groups, as well as the conservative
activist organizations of the time, such as the
Freedom Clubs and the Committee for
Constitutional
Government. The conservative press joined in the
campaign; writing in Human Events, Frank Chodorov
said that
The proposed amendment arises from a rather odd
situation. A nation is threatened by invasion,
not
by a foreign army, but by its own legal
entanglements. Not soldiers, but theoreticians
and
visionaries attack its independence and aim to
bring its people under the rule of an
agglomeration of foreign governments. This is
something new in history. There have been
occasions when a weak nation sought security by
placing itself under the yoke of a strong one.
But, here we have the richest nation in the
world,
and apparently the strongest, flirting with the
liquidation of its independence. Nothing like
that
has ever happened before.
The breach in our defenses, said Chodorov, is in
Article VI of the Constitution, which provides
that "... All Treaties ...shall be the supreme
Law
of the Land... any Thing in the Constitution to
the contrary notwithstanding." At the time of the
Founders, the division between foreign and
domestic policy was clear enough; there was never
any intention, as Jefferson wrote, to enable the
President and the Senate to "do by treaty what
the
whole government is interdicted from doing in any
way."
But as the concept of limited government was
eroded -- and under pressure from the endless
stream of pacts, covenants, and executive
agreements issuing forth from the United Nations
and its American enthusiasts -- the chink in our
constitutional armor widened.
Just as the growth
of administrative law had threatened to overthrow
the old Republic during the darkest days of the
New Deal, so under Truman and Eisenhower the
burgeoning body of treaty law threatened to
overthrow U.S. sovereignty. Executive agreements
had created administrative law of a new type;
treaties which sought to regulate domestic
economic and social behavior to a degree never
achieved by the Brain Trusters.
If the New Deal
had failed to completely socialize America, to
conservatives it often seemed as if the United
Nations seemed determined to finish the job.
According to the UN Declaration of Human Rights,
human beings were endowed with all sorts of
"rights," including the right to a job and the
right to "security." There were, however, certain
significant omissions, chief among them the right
to own and maintain private property. Another
equally glaring omission was the unqualified
right
to a free press, the regulation of which is left
up to member nations. When three Supreme Court
justices, including the Chief Justice, cited the
UN Charter and the NATO treaty in support of
their
argument that Truman had the right to seize the
steel mills, conservatives went into action --
and
the fight for the Bricker Amendment began in
earnest.
The Eisenhower Administration, and particularly
the U.S. State Department, went all out to defeat
the Amendment. Leading the opposition was
Secretary of State John Foster Dulles. This was
the same John Foster Dulles who had said, two
years previous, that "The treaty power is an
extraordinary power, liable to abuse," and warned
that "Treaties can take powers away from the
Congress and give them to the President. They can
take powers from the states and give them to the
federal government or to some international body
and they can cut across the rights given to the
people by their Constitutional Bill of Rights."
Hammered with this quote by Clarence Manion, Dean
of Law at Notre Dame University, and a leading
proponent of the Bricker Amendment, Dulles could
only take refuge in the argument that this
President would never compromise U.S.
sovereignty.
Although the Bricker Amendment started out with
fifty-six co- sponsors, it eventually went down
to
defeat in the U.S. Senate, 42-50, with 4 not
voting. (A watered-down version, the "George
proposal," lost by a single vote.) The defection
of Senators William Knowland and Alexander Wiley
from conservative Republican ranks on this
occasion was particularly significant, and marked
the beginning not only of Wiley's chairmanship of
the Senate Foreign Relations Committee, but also
the decline of the movement to put and keep
America first.
As Frank E. Holman, president of the American Bar
Association, and the sparkplug of the Bricker
Amendment movement, wrote:
In the destiny of human affairs a great issue
like a righteous cause does not die. It lives on
and arises again and again until rightly won.
However long the fight for an adequate
Constitutional Amendment on treaties and other
international agreements, it will and must be
won.
This will be the history of the Bricker Amendment
as it has been the history of all other great
issues and causes.
Holman's comments were published in 1954 as Story
of the Bricker Amendment, (The First Phase) -- a
title which one can only hope is prophetic.
***** END OF ARTICLE BELOW IS THE BRICKER AMENDMENT
Bricker Amendment - U.S. Senate
S.J. Res. 130, 82nd Congress - February 7, 1952
Section 1. No treaty of executive agreement
shall be made respecting the rights of citizens
of
the United States protected by this Constitution
or abridging or prohibiting the free exercise
thereof.
Section 2. No treaty or executive agreement
shall vest in any international organization or
in
any foreign power any of the legislative,
executive, or judicial powers vested by this
Constitution in the Congress, the President, and
in the courts of the United States, respectively.
Section 3. No treaty or executive agreement
shall alter or abridge the laws of the United
States or the Constitution of laws of the several
unless, and then only to the extend that,
Congress
shall so provide by joint resolution.
Section 4. Executive agreements shall not be
made in lieu of treaties.
Executive agreements shall, if not sooner
terminated, expire automatically one year after
the end of the term of office for which the
President making the agreement shall have been
elected, but the Congress may, at the request of
any President, extend for the duration of the
term
of such President the life of any such agreement
made or extended during the next preceding
Presidential term.
The President shall publish all executive
agreements except that those which in his
judgment
require secrecy shall be submitted to appropriate
committees of the Congress in lieu of
publication.
Section 5. Congress shall have power to
enforce this article by appropriate legislation.
S.J. Res. 1, 83rd Congress - January 7, 1953
Section 1. A provision of a treaty which
denies or abridges any right enumerated in this
Constitution shall not be of any force or effect.
Section 2. No treaty shall authorize or
permit
any foreign power or any international
organization to supervise, control, or adjudicate
rights of citizens of the United States within
the
United States enumerated in this Constitution or
any other matter essentially within the domestic
jurisdiction of the United States.
Section 3. A treaty shall become effective as
internal law in the United States only through
the
enactment of appropriate legislation by the
Congress.
Section 4. All executive or other agreements
between the President and any international
organization, foreign power, or official thereof
shall be made only in the manner and to the
extent
to be prescribed by law. Such agreements shall be
subject to the limitations imposed on treaties,
or
the making of treaties, by this article.
Section 5. Congress shall have power to
enforce this article by appropriate legislation.
S.J. Res. 43, 83rd Congress - February 16, 1953
Section 1. A provision of a treaty which
conflicts with any provision of this Constitution
shall not be of any force or effect.
A treaty shall become effective as internal
law in the United States only through legislation
which would be valid in the absence of treaty.
Executive agreements shall be subject to
regulation by the Congress and to the limitations
imposed on treaties by this article.
Section 2. Congress shall have power to
enforce this article by appropriate legislation.
S.J. Res. 1, as reported by the Judiciary
Committee - June 15, 1953
Section 1. A provision of a treaty which
conflicts with this Constitution shall not be of
any force or effect.
Section 2. A treaty shall become effective as
internal law in the United States only through
legislation which would be valid in the absence
of
treaty.
Section 3. Congress shall have power to
regulate all executive and other agreements with
any foreign power or international organization.
All such agreements shall be subject to the
limitations imposed on treaties by this article.
Section 4. Congress shall have power to
enforce this article by appropriate legislation.
George Substitute To S.J. Res. 1 - January 27,
1954
Section 1. A provision of a treaty or other
international agreement which conflicts with this
Constitution shall not be of any force or effect.
Section 2. An international agreement other
than a treaty shall become effective as internal
law in the United States only by an act of the
Congress.
Ferguson-Knowland Substitute To S.J. Res. 1
(February 2, 1954)
Section 1. A provision of a treaty or other
international agreement which conflicts with this
Constitution shall not be of any force or effect.
Section 2. Clause 2 of Article VI of the
Constitution of the United States is hereby
amended by adding at the end thereof the
following: 'Notwithstanding the foregoing
provisions of this clause, no treaty made after
the establishment of this Constitution shall be
the supreme law of the land unless made in
pursuance of this Constitution.
Section 3. On the question of advising and
consenting to the ratification of a treaty the
vote shall be determined by yeas and nays and the
names of the persons voting for and against shall
be entered on the Journal of the Senate.
Bricker Substitute To S.J. Res. 1 - February 4,
1954
Section 1. Clause 2 of Article VI of the
Constitution of the United States is hereby
amended by adding at the end thereof the
following: 'Notwithstanding the foregoing
provisions of this clause, no treaty made after
the establishment of this Constitution shall be
the supreme law of the land unless made in
pursuance of this Constitution.
Section 2. A provision of a treaty or other
international agreement which conflicts with this
Constitution shall not be of any force or effect.
Section 3. A treaty or other international
agreement shall become effective as internal law
in the United States only through legislation by
the Congress unless in advising and consenting to
a treaty the Senate, by a vote of two-thirds of
the Senators present and voting, shall provide
that such treaty may become effective as internal
law without legislation by Congress.
Section 4. On the question of advising and
consenting to the ratification of a treaty the
vote shall be determined by yeas and nays and the
names of the persons voting for and against shall
be entered on the Journal of the Senate.
S.J. Res. 181, 83rd Congress - August 7, 1954
Section 1. A provision of a treaty or other
international agreement which conflicts with this
Constitution, or which is not made in pursuance
thereof, shall not be the supreme law of the land
nor be of any force or effect.
Section 2. A treaty or other international
agreement shall become effective as internal law
in the United States only through legislation
valid in the absence of international agreement.
Section 3. On the question of advising and
consenting to the ratification of a treaty, the
vote shall be determined by yeas and nays, and
the
names of the persons voting for and against shall
be entered on the Journal of the Senate.
S.J. Res. 1, 84th Congress - January 6, 1955]
This was identical to S.J. Res. 181, 83rd
Congress.
S.J. Res. 3, 85th Congress - January 7, 1957
Section 1. A provision of a treaty or other
international agreement not made in pursuance of
this Constitution shall have no force or effect.
This section shall not apply to treaties made
prior to the effective date of this Constitution.
Section 2. A treaty or other international
agreement shall have legislative effect within
the
United States as a law thereof only through
legislation, except to the extend that the Senate
shall provide affirmatively, in its resolution
advising and consenting to a treaty, that the
treaty shall have legislative effect.
Section 3. An international agreement other
than a treaty shall have legislative effect
within
the United States as a law thereof only through
legislation valid in the absence of such an
international agreement.
Section 4. On the question of advising and
consenting to the ratification of a treaty, the
vote shall be determined by yeas and nays, and
the
names of the persons voting for and against shall
be entered on the Journal of the Senate.
* * * * * *
Please visit our action Precinct Project
ChipIn even $5 per person would help. Pray we
reach the right people in time. Were 8.2% there
in first five days.
Jim Condit Jr.,
Director, Network America Ewire List
513-741-2095
Mailing Address: Network America, PO Box 11339
Cincinnati, Ohio 45211
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